The surveyor's advice was that the prospect of being able to sell the site would be greatly improved upon if the Rights of Light issue could be resolved and insurance was suggested as an option. The initial approach was that the owner would not have contact with the neighbouring injured properties in relation to Rights of Light and an indemnity policy was put in place on that basis to protect the owner or any subsequent successors in title against claims for compensation or an injunction.
Whilst trying to sell the scheme to another property developer the issue of Rights of Light was raised, and as the neighbouring (injured) property were deemed to be fully aware of the issue, potential purchasers were not prepared to consider taking on the site ‘encumbered’ as it was, despite insurance being in place in its current form.
CLEAR subsequently approached the insurers again and agreed to change the basis of the policy to 'Agreed Conduct', which allowed the developer, in accordance with an agreed strategy, to approach the 'injured' neighbours and seek a release within the terms of the policy, subject to a suitable excess. With the policy amended, the site became instantly more attractive to buyers as the development opportunity was more feasible with a strategy in place to avoid recourse regarding Rights of Light infringements.